Madras High CourtWP(MD)/7650/2022disposed of

Subbaiah v. The District Collector

2022-04-22Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Subbaiah ... Petitioner Vs.

1.The District Collector, Collector Office, Pudukkottai, 2.The District Revenue Officer, District Revenue Office, Pudukkottai, 3.The Tahsildar, Taluk Office, Viralimalai, Viralimalai Taluk,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to dispose the proceeding in No. Na.Ka.D3/12044/2011 pending on his file by correcting measurements of Survey Nos.298/3A and 298/3D and 298/2A on the basis of the petitioner's representation dated 03.02.2022 within stipulated time. For Petitioner : Mr.B.Rajesh Saravanan For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to correct the measurements in the revenue records based on the petitioner's representation dated 03.02.2022 in respect of the properties comprised in Survey Nos. 298/3A, 298/3D and 298/2A at Poyyamani Village, Viralimalai Taluk, Pudukkottai District and pass final orders within a time frame to be fixed by this Court.

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2. The petitioner has filed documents along with the Writ Petition including the sale deed under which his wife has purchased the property. It is for the respondents to consider the same on merits and thereafter, decide as to whether the rectification sought for in the petitioner's representation dated 03.02.2022 can be granted or not. The petitioner seeks for correction of the measurements for the aforementioned survey numbers.

3. Heard Mr.B.Rajesh Saravanan, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner.

5. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 03.02.2022 seeking for correction of the measurements in the revenue records for Survey Nos.298/3A, 298/3D and 298/2A at Poyyamani Village, Viralimalai Taluk, Pudukkottai District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing within a period of four (4) months from the date of receipt of a copy of this order.

6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (W) // True Copy // 26/04/2022 Sub Assistant Registrar(CS-IV) Lm To 1.The District Collector, Collector Office, Pudukkottai, 2.The District Revenue Officer, District Revenue Office, Pudukkottai, 2/3

3.The Tahsildar, Taluk Office, Viralimalai, Viralimalai Taluk, +1 CC to M/s.SPL.GP ( SR-21029[F] dated 25/04/2022 ) 22.04.2022 SMV(CO) GC(26.04.2022) 3P 5C 3/3